306.147. Muffler, defined--noise level regulation, muffler system required, certification of manufacturer--exceptions--on-site test to measure noise levels, penalty--application of section.

MISSOURI STATUTES AND CODES

306.147. Muffler, defined--noise level regulation, muffler system required, certification of manufacturer--exceptions--on-site test to measure noise levels, penalty--application of section.

Muffler, defined--noise level regulation, muffler system required,certification of manufacturer--exceptions--on-site test tomeasure noise levels, penalty--application of section.

306.147. 1. As used in this section, the term "muffler" means asound suppression device or system designed and installed to abate thesound of exhaust gases emitted from an internal combustion engine and whichprevents excessive or unusual noise.

2. Effective January 1, 1996, a person shall not manufacture, sell oroffer for sale or operate in this state any motorboat manufactured afterthat date that exceeds the noise level of 90dB(A) when subjected to astationary sound level test as prescribed by SAE J2005. All motorboatsmanufactured prior to January 1, 1996, shall not exceed eighty-six decibelson an A-weighted scale when subjected to a sound level test as prescribedby SAE J34 when measured from a distance of fifty or more feet from themotorboat.

3. No person shall remove, alter or otherwise modify in any way amuffler or muffler system in a manner which will prevent it from beingoperated in accordance with this section. Nothing in this section shallpreclude a person from removing, altering or modifying a muffler or mufflersystem so long as the muffler or muffler system continues to comply withsubsection 2 of this section. This section shall not be construed so as toprohibit the use of any exhaust system or device, including but not limitedto those not discharging water with exhaust gases, so long as the device orsystem is in compliance with subsection 2 of this section.

4. No motorboat shall be equipped with any electrical or mechanicaldevice or switch that when manipulated in any manner would allow themuffler or exhaust system to emit a noise level that exceeds the maximumsin subsection 2 of this section.

5. Effective January 1, 1996, a person shall not manufacture, norshall any person sell or offer for sale any motorboat which is manufacturedafter January 1, 1996, which is equipped with a muffler or muffler systemwhich does not comply with this section. The subsection shall not apply topower vessels designed, manufactured and sold for the sole purpose ofcompeting in racing events and for no other purpose. Any such exemption orexception shall be documented in every sale agreement and shall be formallyacknowledged by signature on the part of both the buyer and the seller.Copies of such agreement shall be maintained by both parties. A copy ofsuch agreement shall be kept on board whenever the motorboat is operated.Any motorboat sold under this exemption may only be operated on the watersof this state in accordance with subsection 7 of this section.

6. As of January 1, 1996, every manufacturer which delivers a newmotorboat for sale in this state shall certify, if the purchaser or dealermakes a request in writing, that the decibel level of the motorboat engine,muffler and exhaust system, as delivered to any licensed dealer in thisstate, does not exceed the noise level of 90dB(A) when subjected to astationary sound level test as prescribed by SAE J2005. Such certificateof decibel level from the manufacturer shall be given by the dealer to thepurchaser of the new motorboat if the motorboat is sold for use upon thewaters of this state. The purchaser shall sign a statement acknowledgingreceipt of the certificate of decibel level which shall be supplied by thedealer. The dealer shall represent by affidavit whether or not the engineor muffler system of the new motorboat being sold has been altered ormodified in any way.

7. The provisions of this section shall not apply to motorboatsregistered and actually participating in a racing event or tune-up periodsfor such racing events or to a motorboat being operated by a boat or enginemanufacturer for the purpose of testing or development. The operator ofany motorboat operated upon the waters of this state for the purpose of atune-up for a sanctioned race or for testing or development by a boat orengine manufacturer shall at all times have in such operator's possessionand produce on demand by a law enforcement officer a test permit issued bythe state water patrol. For the purpose of races or racing events, suchrace shall only be sanctioned when conducted in accordance with andapproved by the United States Coast Guard or this state.

8. Any officer authorized to enforce the provisions of this sectionwho has probable cause to believe that a motorboat is not in compliancewith the noise levels established in this section may direct the operatorof such motorboat to submit the motorboat to an on-site test to measurenoise levels, with the officer on board if such officer chooses, and theoperator shall comply with such request. The owner of any motorboat whichviolates any provision of this section shall have sixty days from the dateof the violation to bring the motorboat into compliance with the provisionsof this section. Thereafter, it shall be the owner's responsibility tohave the motorboat tested by the state water patrol. If the motorboatfails the state water patrol test, the owner shall immediately moor themotorboat and shall keep the motorboat moored until the state water patrolcertifies that the motorboat is in compliance with the provisions of thissection. Any person who fails to comply with a request or direction of anofficer made pursuant to this subsection is guilty of a class Cmisdemeanor. Nothing in this subsection shall be construed to limit theofficer's ability to enforce this section and to issue citations to theowner or operator of any motorboat during the sixty-day compliance period.

9. Any officer who conducts motorboat sound level tests as providedin this section shall be qualified in motorboat noise testing by thedepartment of public safety. Such qualifications shall include but may notbe limited to the selection of the measurement site, and the calibrationand use of noise testing equipment in accordance with the testing procedureprescribed by SAE J2005 and SAE J34.

10. Unless otherwise indicated, any person who knowingly violatesthis section is guilty of an infraction for a first offense with a penaltynot to exceed one hundred dollars, is guilty of an infraction for a secondoffense with a penalty not to exceed two hundred dollars, and is guilty ofan infraction for a third or subsequent offense with a penalty not toexceed three hundred dollars.

11. This section shall not apply to motorboats not intended for usein this state.